THE  ELECTION  LAW 


OF 


NORTH  CAROLINA, 


AS  AMENDED  BY  ACTS  OF  ASSEMBLY  OF  1885,  1887,  1889 

AND  1891. 


RALEIGH,  N.  C: 

Josephus  Daniels,  State  Printer  and  Binder. 

Presses  of  Edwards  &  Broughton. 

1892. 


THE  ELECTION  LAW 


Section  2668.   On   the   Tuesday  next  after  the  first  state,  legislative 

J  and  county  offi- 

Monday  in  November,  in  the  year  of  our  Lord  one  thou-  *§r|i, 
sand  eight  hundred  and  eighty-four,  and  every  four  years 
thereafter,  an  election  shall  be  held  in  the  several  elec- 
tion precincts  in  each  county  for  the  following  officers : 
First,  Governor;  second,  Lieutenant  Governor;  third, 
Secretary  of  State;  fourth,  Auditor;  fifth,  Treasurer; 
sixth,  Superintendent  of  Public  Instruction ;  seventh, 
Attorney^  General.  And  on  said  Tuesday  next  after  the 
first  Monday  in  November  in  the  year  aforesaid,  and 
every  two  years  thereafter,  an  election  shall  be  held  for 
members  of  Congress  in  the  several  districts ;  members  of 
the  General  Assembly  for  their  respective  counties  and 
districts ;  a  Register  of  Deeds,  County  Surveyor,  Coroner 
and  Sheriff  for  their  respective  counties;  and  in  such 
counties  as  have  one,  a  County  Treasurer. 

Sec.  2669.  On  the  Tuesday  next  after  the  first  Monday  cierkofthe 

•       at  i-i  o  x  -.      •     -i       Superior  Court. 

in  November,  in  the  year  of  our  Lord  one  thousand  eight  i879.  c.  152,  s.  1. 
hundred  and  eighty-six,  and  on  said  day  every  four  years 
thereafter,  an  election  shall  be  held  in  each  county  for 
the  office  of  Clerk  of  the  Superior  Court. 

Sec.  2670.  On  the  Tuesday  next  after  the  first  Monday  Township  con- 
in  November,  in  the  year  of  our  Lord  one  thousand  eight  1879,  c.  151,  s.  r. 
hundred  and  eighty-four,  and  on  said  day  every  two  years 
thereafter,  an  election  shall  be  held  in  each  township  for 
the  office  of  Constable. 

Sec.  2671.  The  board  of  commissioners  of  each  county  The  board  of  com- 
shall  have  power  to  establish,  alter,  discontinue  or  create  SchoouSy 
such  separate  places  of  election  in  their  respective  counties  establish  polling: 
as  they  may  deem  expedient,  giving  thirty  days'  notice  ^71-%  c.  185,  s.  2. 
thereof  by  advertisement  in  some  public  journal,  if  ther^e  1879,  &  15a,  a.' 1. 
be  one  published  in  the  county,  or  in  lieu  thereof  in  three 

* 


^ 


NCU 


Secretary  of  State 
shall  furnish 
suitable  regis- 
tration books. 
i876-'7,  c.  275,  s.  3. 


Books  to  be  pro- 
vided by  the 
commissioners 
in  certain  cases. 
i87i-'2,  c.  185,  s.  4. 
i876-'7,  c.  275,  s.  4. 


The  board  of 
commissioners 
shall  select  regis- 
trars; candidates 
not.  eligible. 
i876-'7,  c.  274,  s.5. 
1879,  c.  152,  s.  1. 


Duty  of  regis- 
trars. 
j876-'7,  c.  275,  s.  6. 


places  in  such  count}',  and  at  the  court  house  thereof; 
but  there  shall  be  at  least  one  polling  place  in  every 
township,  as  nearly  central  as  possible,  and  there  shall  be 
a  polling  place  open  in  each  ward  of  a  city  numbering 
over  three  thousand  inhabi'ants. 

Sec.  2672.  The  Secretary  of  State  shall  provide  for  and 
forward  to  the  boards  of  commissioners  of  counties,  on 
their  requisition,  suitable  registration  books,  whenever 
needed,  for  each  election  precinct. 

Sec  2673.  If  the  boards  of  county  commissioners  do 
not  receive  a  sufficient  number  of  registration  books,  as 
provided  in  the  preceding  section,  they  are  directed  to 
provide  the  same  for  their  respective  counties  at  the 
expense  of  the  State. 

Sec.  2674.  The  boards  of  commissioners  of  the  several 
counties  shall  select,  on  or  before  the  first  Monday  of 
September  preceding  each  election,  one  or  more  persons 
for  each  election  precinct,  who  shall  act  as  registrars  of 
voters  for  such  precinct.  Said  board  shall  make  publica- 
tion of  the  names  of  the  persons  so  elected,  at  the  court- 
house door,  immediately  after  such  appointment,  and 
shall  cause  a  notice  to  be  served  upon  said  persons  by  the 
sheriff.  If  any  registrar  shall  die  or  neglect  to  perform 
his  duties,  the  justices  of  the  peace  for  the  township,  or  a 
majority  of  said  justices,  or  the  Clerk  of  the  Superior 
Court  of  the  county,  in  ca=e  said  justices  or  a  majority  of 
them  fail  to  meet,  may  appoint  another  in  his  place.  And 
no  person  who  is  a  candidate  for  an}^  office  shall  be  a 
registrar  or  judge  or  inspector  of  an  election. 

Sec.  2675.  Registrars  shall  be  furnished  with  a  regis- 
tration book,  and  it  shall  be  their  duty  to  revise  the  existj 
ing  registration  books  of  their  precinct  or  township  in 
such  manner  that  said  books  shall  show  an  accurate  list 
of  electors  previously  registered  in  such  precinct  or  town- 
ship, and 'still  residing  therein,  without  requiring  such 
electors  to  be  registered  anew ;  and  such  registrars  shall 
also,  between  the  hours  of  sunrise  and  sunset  on  each  day 


(Sundays  excepted),  for  thirty  days  preceding  the  day  for 
closing  the  registration  books  as  hereinafter  provided, 
keep  open  said  books  for  the  registration  of  any  electors 
residing  in  such  precinct  or  township,  and  entitled  to 
registration,  whose  names  have  never  before  been  regis- 
tered in  such  precinct  or  township,  or  do  not  appear  in 
the  revised  list.  But  the  board  of  commissioners  for  each 
county  may,  upon  giving  thirty  days'  notice  in  each 
township,  if  they  shall  think  proper,  direct  that  there 
shall  be  an  entirely  new  registration  of  voters  before  any 
election,  instead  of  the  revision  of  the  registration  lists  as 
above  provided,  that  said  books  shall  be  closed  for  regis- 
tration on  the  second  Saturday  before  each  election,  that 
registration  shall  be  allowed  on  that  day  up  to  12  o'clock 
noon. 

Sec.  2676.  No  elector  shall  be  entitled  to  register  or  vote  Elector  to  vote 
in  any  other  precinct  or  township  than  the  one  in  which  cfnct°A 
he  is  an  actual  and  bona  fide  resident  on  the  day  of  elec-  1876-17!  c.  275'  9. 7." 
tion,  and   no  certificate  of   registration  shall  be  given, 
except  as  hereinafter  provided.     No  registration  shall  be 
valid  unless  it  specifies  as  near  as  may  be,  the  age,  occu- 
pation, place  of  birth,  and  place  of  residence  of  the  elector, 
.as  well  as  the  township  or  county" from  whence  the  elector 
has  removed — in  the  event  of  a  removal,  and  the  full 
name  by  which  the  voter  is  known. 

Sec.  2677.  It  shall  be  the  duty  of  the  registrars  and  Registration 

•     J  c      i  i  -n  i  books  open  to 

judges  ot  election  to  attend  at  the  polling  place  of  their  inspection;  right 
township  or  precinct  with  the  registration  books  on  the  JsS-'?' c  f5*' s  I' 
second  Saturday  preceding  the  election,  from  the  hour  of 
nine  o'clock  a.  m.  till  the  hour  of  five  o'clock  p.  m.,  when 
and  where  the  said  books  shall  be  open  to  the  inspection 
of  the  electors  of  the  precinct  or  township,  and  any  of 
said  electors  shall  be  allowed  to  object  to  the  name  of  any 
person  appearing  on  said  books.  In  case  of  any  such 
objection,  the  registrar  shall  enter  upon  his  books,  opposite 
to  the  name  of  the  person  so  objected  to,  the  word  "chal- 
lenged," and  shall  appoint  a  time  and  place,  on  or  before 


the  election  day,  when  he,  together  with  said  judges  of 
election,  shall  hear  and  decide  said  objection,  giving  due 
notice  to  the  voter  so  objected  to:  Provided,  that  nothing 
in  this  section  shall  prohibit  the  rjght  of  any  elector  to 
challenge  or  object  to  the  name  of  any  person  registered 
or  offering  to  register  at  any  time  other  than  that  above 
specified.  If  any  person  challenged  or  objected  to  shall 
be  found  not  duly  qualified,  as  provided  in  this  chapter, 
the  registrar  shall  erase  his  name  from  the  books, 
judges  of  election,      SEc.  2678.  The  board  of  commissioners  for  each  county, 

their  duties.  J  ' 

i876-'2'  c'  I75,  s  9'  on  or  Def°re  ^ie  firs^  Monday  of  the  month  next  preceding 
i879*c.  152,  s.  i.  the  month  in  which  each  election  is  held,  shall  appoint 
four  judges  or  inspectors  of  election,  two  of  whom  shall 
be  of  a  different  political  party,  where  possible,  from  the 
registrars,  at  each  place  of  holding  election  in  their  respec- 
tive counties.  The  said  judges  of  election  shall  attend  at 
the  places  for  which  they  are  severally  appointed  on  the 
day  of  election,  and  they,  together  with  the  registrars  for 
such  precinct  or  township,  who  shall  attend  with  the 
registration  books,  after  being  sworn  by  some  justice  of 
the  peace,  or  other  person"authorized  to  administer  oaths, 
to  conduct  the  election  fairly  and  impartially  according 
to  the  constitution  and  laws  of  the  State,  shall  open  the 
polls  and  superintend  the  same  until  the  close  of  the  elec- 
tion. They  shall  keep  poll-books,  in  which  shall  be  entered 
the  name  of  every  person  who  shall  vote,  and  at  the  close 
of  the  election  the  judges  of  election  shall  certify  the  same 
over  their  proper  signatures,  and  deposit  them  with  the 
register  of  deeds  for  safe-keeping.  And  said  poll-books 
shall,  in  any  trial  for  illegal  or  fraudulent  voting,  be 
received  as  evidence.  The  board  of  commissioners  shall, 
immediately  after  the  appointment  of  the  judges  of  elec- 
tion as  herein  provided,  furnish  a  list  of  names  of  such 
judges  to  the  sheriff  of  their  county,  who  shall,  within  ten 
days,  serve  notice  of  such  appointment  upon  the  said 
judges;  and  if  any  person  appointed  judge  of  election  shall 


ment. 

i876-'7,  c.  275,  s.  11. 


fail  to  attend,  the  registrar  of  such  townships  shall  appoint 
some  discreet  person  to  act  as  such,  who  shall  be  by  him 
sworn  before  acting. 

Sec.  2679.  The  following  classes  of  persons  shall  not  be  persons  who  are 

°  x  not  allowed  to 

allowed  to  register  or  vote  in  this  State,  to-wit:  First,  per-  register  or  vote. 

o  t  *■  i8j6-'7,  c.  75,  s.  io. 

sons  under  twenty-one  years  of  age;  second,  idiots  and 
lunatics;  third,  persons  who,  upon  conviction  or  confession 
in  open  court,  shall  have  been  adjudged  guilty  of  felony 
or  other  crime  infamous  by  the  laws  of  this  State,  com- 
mitted after  first  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  seventy-seyen,  unless 
they  shall  have  been  legally  restored  to  the  rights  of 
citizenship. 

Sec.  2680.  Subject  to  the  foregoing  exceptions,  every  Quaiificatfonof 
male  person  born  in  the  United  States,  and  every  male  f^££llS^g£ 
person  who  has  been  naturalized,  twenty-one  years  of  age,  punishaw^by^ 
who  shall  have  resided  in  the  State  twelve  months  next  £««"***«**>»■ 
preceding  the  election,  and  ninety  days  in  the  county  in 
which  he  offers  to  vote,  shall  be  a  qualified  elector  in  the 
precinct  or  township  in  which  he  resides;  and  all  electors 
shall  register  and  vote  in  the  election  precinct  of  their 
residence.  The  residence  of  a  married  man  shall  be  where 
his  family  resides,  and  that  of  a  single  man  where  he 
boards  and  ^eeps;  and  should  any  single  man  board  in 
one  ward  or  precinct  and  sleep  in  another,  then  his  resi- 
dence shall  be  in  the  ward  or  precinct  in  which  he  sleeps, 
and  he  shall  not  register  or  vote  in  any  other  ward  or 
precinct.  But  no  elector  shall  be  allowed  to  register  in 
any  ward  or  precinct  to  which  he  shall  have  removed  for 
the  mere  purpose  of  being  a  voter  therein,  nor  unless  his 
residence  therein  is  actual  and  bona  fide.  And  it  shall  be 
the-  duty  of  the  registrar  or  judge  of  election,  when 
requested  by  any  bystander,  to  swear  any  person  offering 
to  register  or  vote,  as  to  his  residence,  and  to  have  placed 
in  writing  opposite  his  name  the  word  "sworn";  and  any 
person  knowingly  and  fraudulently  registering  or  voting 
at  any  other  place  than  that  of  his  bona  fide  residence, 


[876-'7,  c.  275,  s.  12. 


8 

shall  be  guilty  of  a  crime  infamous  by  the  laws  of  this 
State,  and  punished  by  a  fine  not  exceeding  one  thousand 
dollars,  or  imprisoned  at  hard  labor  not  exceeding  two 
years,  or  both  in  the  discretion  of  the  Court. 
toSgistefmiSt  ^ec.  2681.  Every  person  who  shall  present  himself  for 

eiecton?15  °ath  °f  registration  shall  state  under  oath  how  long  he  has  contin- 
uously resided  in  this  State  and  in  the  county  in  which  he 
offers  to  vote;  whether  he  is  an  alien  or  native  born ;  when 
he  becomes  twenty-one  years  of  age;  whether  mariied  or 
single,  and  where  or  with  whom  he  resides.  Upon  the 
request  of  any  elector,  the  registrar  shall  require  the  appli- 
cant to  prove  his  identity  or  age  and  residence  by  such 
testimony,  under  oath,  as  may  be  satisfactory  to  the  regis- 
trar. And  if  an  elector  has  previously  been  admitted  to 
registration  in  any  ward,  township  or  precinct  in  the  county 
in  which  he  resides,  he  shall  not  be  allowed  to  register 
again  in  another  ward,  precinct  or  township  in  the  same 
county  until  he  produces  a  certificate  of  the  registrar  of 
the  former  township,  ward  or  precinct,  that  said  elector 
has  removed  from  said  township,  ward  or  precinct,  and 
that  his  name  has  been  erased  from  the  registration  books 
of  the  ward,  township  or  precinct  from  which  he  has 
removed;  and  the  identity  of  any  person  claiming  a  right 
to  be  registered  in  any  precinct  of  the  s^ne  county  by 
virtue  of  such  certificate,  with  the  person  therein  named, 
shall  be  proved  by  the  oath  of  the  claimant,  and,  when 
required  by  the  registrar,  by  the  oath  of  at  least  one  other 
elector.  Every  person  found  qualified  shall  take  the  fol- 
lowing oath : 

"... ,  do  solemnly  swear  (or  affirm)  that  I  will 

support  the  Constitution  of  the  United  States,  and  the  Constitution  of 
the  State  of  North  Carolina ;  that  I  have  been  a  resident  of  the  State 

of  North  Carolina  for  twelve  months,  and  of  the  county  of 

for  ninety  days ;  that  I  am  a  duly  qualified  elector,  and  that  I  have 
not  registered  for  this  election  in  any  other  precinct,  and  that  I  am  an 

actual  and  bona  fide  resident  of .township  (or  precinct.) 

So  help  me,  God." 


*    9 

And  the  registrar  shall  record  the  name,  age,  occupa- 
tion, place  of  birth  and  place  of  residence  of  the  elector, 
and  the  name  of  the  township  or  county  from  whence  the 
elector  has  removed  (in  the  event  of  a  removal),  also  the 
date  of  registratiou,  in  the  appropriate  column  of  the  regis- 
tration book. 

Sec.  2682.  No  registratiou  shall  be  allowed  on  the  day  no  registration 

0  ...      allowed  on  the 

of  election  ;  but  if  any  person  shall  give  satisfactory  evi-  day  of  election 

7  J    r  °  d  except  in  certain 

dence  to  the  judges  of  the  election  that  he  has  become  of  c^%  c  l86>  s  ri 
the  age  of  twenty-one  years  on  the  day  of  election,  or  has  l876-'7-  c.  275,  s.  13. 
become   twenty-one  years  of  age  after  the   registration 
books  were  closed,  he  shall  be  allowed  to  register  and  vote: 
Provided,  he  be  found  otherwise  qualified. 

Sec.  2683.  On  the  day  of  election  any  elector  may,  and  when  electors  or 

,.,  P  n  judges  shall  chal- 

the  ludges  of  election  shall,  challenge  the  vote  01  any  lenge. 

J        &  '  °  J     i87i-'2,  c.  185,  s.  12. 

person  who  may  be  known  or  suspected  not  to  be  a  duly  *876-'7,  c. 275,  s.  14. 
qualified  voter. 

Sec.  2684.  When  anv  person  is  challenged,  the  judges  oath  of  persons 

,     .  ,    .  ."  ,.n.  r  ,    challenged;  when 

shall  explain  to  him  the  qualifications  of  an  elector,  and  vote  to  be  rejected; 

L  *■  _  challenge  to  be 

shall  examine  him   as  to  his  qualifications,  and   if  the  recorded;  power  of 

*  j  udges  of  election . 

person   insists  that  he  is  qualified,  and  shall  prove  his  J^i-'s,  e.  185,  s.  13. 

identity  with  the  person  in  whose  name  he  offers  to  vote, 

or  his  continued  residence  in  the  precinct  since  his  name 

was  placed  updjphe  registration  list,  as  the  case  may  be, 

by  the  testimony,  under  oath,  of  at  least  one  other  elector, 

one  of  the  judges  shall  tender  to  him  the  following  oath  : 

' '  You  do  solemnly  swear  (or  affirm)  that  you  are  a  citizen  of  the 
United  States,  that  you  are  twenty-one  years  of  age,  and  that  you  have 
resided  in  the  State  for  twelve  months,  and  in  this  county  for  ninety 
days  next  preceding  this  election,  and  that  you  are  not  disqualified 
from  voting  by  the  constitution  and  laws  of  this  State ;  that  your 
name  is  (here  insert  the  name  given),  and  that  in  such  name  you  were 
duly  registered  as  a  voter  of  this  township,  and  that  you  are  now  an 
actual  resident  of  the  same  and  have  been  ever  since  you  were  so 
registered,  and  that  you  are  the  identical  person  you  represent  your-  ^ 

self  to  be,  and  that  you  have  not  voted  in  this  election  at  this  or  any 
other  polling  place.     So  help  you,  God." 


10 

And  if  he  refuses  to  take  such  oath,  his  vote  shall  be 
rejected  ;  if,  however,  he  does  take  the  oath  when  tendered, 
his  vote  shall  be  received :  Provided,  that  after  such  oath 
shall  have  been  taken,  the  judges  may,  nevertheless,  refuse 
to  permit  such  person  to  vote  if  they  be  satisfied  that  he 
is  not  a  legal  voter;  and  they  are  hereby  authorized  to 
administer  the  necessary  oaths  or  affirmations  to  all  wit- 
nesses brought  before  them  to  testify  to  the  qualifications 
of  a  person  offering  to  vote.  Whenever  any  person's  vote 
shall  be  received  after  having  taken  the  oath  prescribed 
in  this  section,  the  clerks  of  the  election  shall  write  on  the 
poll-books  at  the  end  of  such  person's  name  the  word 
"sworu."  The  same  powers  as  to  the  administration  of 
oaths  and  the  examination  of  witnesses,  as  in  this  section 
granted  to  judges  of  elections,  may  be  exercised  by  the 
registrars  in  all  cases  where  the  names  of  persons  regis- 
tered or  offering  to  register  are  objected  to. 
when  pons  to  be        sEC>  2685.  The  polls  shall  be  opened  on  the  day  of 

opened  and  closed;  r  s.  j 

™^2erc°i85°^n4:  election  from  seven  o'clock  in  the  morning  until  sunset  of 

i876-'7,  c.  275,  s.  16.  ^q  same  day,  and  no  longer ;  and  each  voter  whose  name 

may  appear  registered,  and  who  shall  not  be  challenged 

and  rejected,  shall  hand  in  his  ballot  to  the  judges,  who 

shall  carefully  deposit  the  ballots  in  the  ballot  boxes. 

judges  to  deposit        Sec.  2686.  Immediately  after  any  ejRion  the  iudges 

registration  books  J  J        ^^  d         ° 

Hfdeed! register    oi  election  shall  deposit  the  registration  books  for  their 
i87i-'2,  c.  i85).s.  15.  respective  precincts  with  the  register  of  deeds  of  their 

respective  counties. 
how  officers  shaii       Sec.  2687.  The  State  officers,  viz.:  Governor,  Lieuten- 
blilotstobe'on      ant   Governor,   Secretary   of    State,   Auditor,   Treasurer, 
without  device.      Superintendent  of  Public  Instruction,  and  Attorney  Gen- 

i87i-'2,  c.  185,  s.  16.  r  J  .  J 

eral,  shall  be  voted  for  on  one  ballot.  The  members  of 
Congress  for  their  respective  districts  shall  be  voted  for 
on  one  ballot.  The  member  or  members  of  Congress  for 
the  State  at  large,  if  there  be  such,  shall  be  voted  for  on 
one  ballot.  The  Justices  of  the  Supreme  Court,  Judges 
of  the  Superior  Court  and  Solicitors  shall  be  voted  for  on 
one  ballot.     The  members  of  the  General  Assembly  for 


11 

their  respective  counties  and  districts  shall  be  voted  for  on 
one  ballot.  The  county  officers  for  the  respective  counties, 
viz.:  Clerk  of  the  Superior  Court,  Treasurer,  Register  of 
Deeds,  Surveyor,  Coroner,  and  Sheriff,  shall  be  voted  for 
on  one  ballot.  The  ballots  shall  be  on  white  paper,  and 
may  be  printed  or  written,  or  partly  written  and  partly 
printed,  and  shall  be  without  device. 

Sec.  2688.  The  board  of  county  commissioners,  or  upon  county  commis- 

J  x  sioners  to  provide 

their  failure,  the  inspectors  of  election,  shall  provide  for  JgUot  tgxes: 
each  election  precinct  in  their  respective  counties  ballot  SSep^hem? to 
boxes  for  each  class  of  officers  to  be  voted  for,  in  which  to  ll77l->27]  £  lf5\  t  JJ 
deposit  the  ballots  for  such  officers  respectively.  Each  of 
said  boxes  shall  have  an  opening  through  the  lid  of  suffi- 
cient size  to  admit  a  single  folded  ballot,  and  no  more. 
The  said  ballot  boxes  shall  be  kept  by  the  judges  of  elec- 
tion for  the  use  of  their  several  election  precincts  respect- 
ively. And  said  judges  of  election,  before  the  voting 
begins,  shall  carefully  examine  the  ballot  boxes  and  see 
that  there  is  nothing  in  them.  Each  box  shall  be  labelled 
in  plain  and  distinct  Roman  letters,  with  the  name  of  the 
office  or  offices  to  be  voted  for,  and  the  question  or  ques- 
tions to  be  voted  upon.  The  .majority  of  the  judges  of 
election  for  the  county  and  State  officers  for  any  voting 
precinct,  with  trS  registrar  of  such  precinct,  may,  if  they 
think  it  expedient  so  to  do,  rail  off,  at  a  cost  to  be  approved 
by  the  board  of  county  commissioners,  and  to  be  paid  for 
by  the  county,  at  such  precinct  a  space  or  enclosure,  with 
an  opening  at  one  end  or  side  for  the  entrance  of  the  voter, 
and  an  opening  at  the  other  side  for  his  exit,  as  a  polling 
place  in  which  to  hold  the  election  for  the  State  and  county 
officers.  Only  one  voter  shall  be  allowed  to  enter  such 
polling  place  at  one  time,  and  no  one  except  the  judges  of 
election  shall  be  allowed  to  speak  to  or  interfere  with  the 
voter  while  in  the  polling  place  casting  his  vote,  which 
shall  be  put  into  the  proper  box  or  boxes  by  said  voter,  or 
by  the  judges  at  the  request  of  the  voter.  All  voters  shall 
pass  through  said  enclosure  without  any  delay  of  time,  so 


12 


that  said  passage  shall  not  be  obstructed  by  delay  unneces- 
sarily, outside  of  depositing  his  vote  or  votes. 

A  similar,  but  separate  and  distinct,  space  or  enclosure 
may  be  railed  off  as  a  polling  place  for  the  election  of 
members  of  Congress  and  Presidential  Electors,  at  such 
distance  from  the  polling  place  for  State  and  county  officers 
as  the  judges  of  election  may  designate  In  the  event 
such  separate  polling  place  shall  be  designated  for  holding 
the  election  for  members  of  Congress  and  Presidential 
Electors  as  herein  provided,  the  methods  for  holding  the 
election  and  conducting  the  voting  shall  be  the  same  in 
all  respects  as  those  provided  aforesaid  in  this  amendment 
to  said  section  2G88  of  The  Code  for  the  polling  places  for 
State  and  county  officers.  The  registrar  appointed  for  such 
precinct  shall  have  power  and  authority  to  appoint  a  deputy 
registrar  for  such  separate  polling  place;  to  whom  shall  be 
furnished  the  names  of  all  persons  qualified  and  entitled 
to  vote  at  such  precinct,  and  the  judges  of  election  appointed 
for  such  precinct  and  registrar  shall  appoint  two  suitable 
and  discreet  persons  as  judges  or  inspectors  of  election  for 
such  separate  polling  place,  who  shall  be  of  different 
political  parties,  where  possible.  The  registrar  and  judges 
so  appointed  for  such  separate  polling  place  shall  be  sworn 
to  perform  their  duties  according  to  lafe  shall  make  due 
returns  of  the  election,  and  have  all  the  powers,  privileges 
and  authority  conferred  on  them  by  law  as  in  the  case  of 
other  registrars  and  judges  of  election:  Provided,  however, 
that  if  the  judges  of  election  at  any  of  the  voting  precincts 
in  this  State  do  not  see  fit  to  carry  out  the  provisions  of 
this  amendment  to  said  section  268S  of  The  Code,*  then, 
and  in  that  event,  the  election  at  said  precinct  not  adopt- 
ing such  provisions  shall  be  conducted  in  all  respects  as  is 
now  provided  by  law. 


*A11  the  amendments  to  the  election  law  made  in  chapter  287  Laws  of 
incorporated  in  the  election  law  now  sent  out. 


what  tickets  to  be 
void. 

i87i-'2,  e.  185,  s.'i8. 


13 

Sec.  2089.   When  the  election  shall  be  finished,  th  e  how  boxes  to  be 

opened  and  the 

registrars  and  judges  of  election,  in  the  presence  of  such  ballots  counted 
of  the  electors  as  may  choose  to  attend,  shall  open  the  void 
boxes  and  count  the  ballots,  reading  aloud  the  names  of 
the  persons  who  shall  appear  on  each  ticket;  and  if  there 
shall  be  two  or  more  tickets  rolled  up  together,  or  any 
ticket  shall  contain  the  names  of  more  persons  than  such 
elector  has  a  right  to  vote  for,  or  shall  have  a  device  upon 
it,  in  either  of  these  cases  such  tickets  shall  not  be  num- 
bered in  taking  the  ballots,  but  shall  be  void ;  and  the 
said  counting  of  votes  shall  be  continued  without  adjourn- 
ment until  completed  and  the  result  thereof  declared. 

Sec.  2690.  The  judges  of  election  in  each  township,  g^^^SL 
ward  or  precinct  shall  appoint  one  of  their  number  or  l876~,7»  c.  275,  s.  x. 
the  registrar  to  attend  the  meeting  of  the  board  of  county 
canvassers,  as  a  member  thereof,  and  shall  deliver  to  the 
member  who  shall  have  been  so  appointed  the  original 
return  or  statement  of  the  result  of  the  election  in  such 
township,  ward  or  precinct;  and  the  members  of  the 
several  township,  ward  or  precinct  boards  of  election, 
who  shall  have  been  so  appointed,  shall  attend  the  meet- 
ing of  the  board  of  county  canvassers  for  such  election 
in  the  county  in  which  they  shall  have  been  appointed  as 
members  thereof 

Sec.  2691.  The  members  of  the  several  boards  of  elec-  The  board  of 

county  canvassers. 

tion  to  whom  the  original  returns  or  statements  of  the  l876"'7'c- 275>6- 32- 
result  of  the  election  in  the  precincts,  wards  or  townships 
to  which  they  respectively  belong,  shall  have  been  deliv- 
ered as  directed  in  the  preceding  section,  shall  constitute 
the  board  of  county  canvassers  for"  such  election  in  the 
county  .in  which  such  precinct,  ward  or  township  shall  be 
situated ;  and  the  register  of  deeds  of  such  county  shall 
be  the  clerk  of  such  board,  unless  the  board  shall  elect 
another  person  in  his  place. 

Sec.  2692.  A  majority  of  the  members  of  the  several  a  majority  to 
precinct  boards  of  election  who  shall  have  been  appointed  quorum. 

i876-'7,  c.  275,  8.  2g. 

to  attend  the  meeting  of  the  board  of  county  canvassers 
as  members  thereof,  shall  constitute  such  board. 


14 


The  meeting^of 
the  board  of  * 
canvassers. 
i876-'7,  c.  275,rs. 


The  board  of 
county  canvass- 
ers to  open  and 
canvass  the  re- 
turns.        .         """ 
i87&-'7,  c.  275,  s.  25, 


Sec.  2693.  The  board  of  county  canvassers  shall  meet 
on  the  second  day  next  after  every  election  at  twelve 
o'clock,  noon,  of  that  day,  at  the  court-house  of  the  county, 
and  at  that  hour,  without  delay,  the  members  of  such 
board  who  shall  then  be  present  shall  choose  one  of  their 
number,  who  shall  be  the  chairman :  Provided,  the  board 
of  county  canvassers  of  Dare  shall  meet  on  the  seventh 
day  after  the  election;  the  board  of  county  canvassers  of 
Hyde  and  Carteret  counties  shall  meet  on  the  fourth 
day  after  the  election;  and  as  soon  as  such  chairman  shall 
be  appointed,  he  shall  administer  to  each  of  the  other 
members,  and  each  of  the  other  members  shall  take,  an 
oath  or  affirmation  in  the  following  form:  "  You  do  swear 
(or  affirm)  that  you  will  faithfully  and  impartially  execute 
the  duties  of  the  board  of  canvassers  according  to  law." 
And  thereupon  one  of  the  members  of  such  board, 
appointed  for  that  purpose,  shall  administer  to  such  chair- 
man, and  such  chairman  shall  take,  an  oath  or  affirmation 
in  the  same  form  as  that  taken  by  the  other  members  of 
the  board.  And  before  proceeding  to  ranvass  and  esti- 
mate the  votes  in  such  county,  the  chairman  of  the  board 
shall  administer  to  the  clerk  thereof  an  oath  or  affirma- 
tion in  the  following  form :  "  You  do  swear  (or  affirm) 
that  you  will  faithfully  execute  the  dutie$  of  clerk  of  this 
board  according  to  law." 

Sec.  2694.  The  board  of  county  canvassers  shall,  at 
their  said  meeting,  in  the  presence  of  the  sheriff  and  of 
such  electors  as  choose  to  attend,  open  and  canvass  and 
judicially  determine  the  returns,  and  make  abstracts,  stat- 
ing the  number  of  legal  ballots  cast  in  each  precinct 
for  each  office,  the  name  of  each  person  voted  for,  and 
the  number  of  votes  given  each  person  for  each  different 
office,  and  shall  sign  the  same.  Said  board  shall  have 
power  and  authority  to  judicially  pass  upon  all  the  facts 
relative  to  the  election,  and  judicially  determine  and 
declare  the  true  result  of  the  same;  and  they  shall  also 
have  power  and  authority  to  send  for  papers  and  persons, 
and  .examine  the  latter  on  oath. 


15 

Sec.  2695.  The  abstract  of  the  votes  for  each  of  the  fol-  An  abstract  of  the 

votes  to  be  made. 

lowing  classes  shall  be  made  on  a  different  sheet:  i87$-'7,  c.  275,  s.  26. 

1.  Governor  and  all  State  officers; 

2.  Representatives  in  Congress ; 

3.  Senators  and  Representatives  in  the  General  Assem- 
Wy; 

4.  Justices  of  the  Supreme  Court,  Judges  of  the  Superior 
Court,  and  Solicitors; 

5.  County  officers. 

Sec.  2696.  Three  abstracts  of  all  the  votes  cast  for  any  separate  abstracts 

to  be  signed  by 

Sta^e  officer,  for  Representatives  in  Congress,  for  Justices  ^rTa™demedf 
of  the  Supreme  Court,  for  Judges  of  the  Superior  Court  i876-'7>  c  275,- s.  27. 
and  for  Solicitor,  shall  be  made  and  signed  by  the  chair- 
man of  the  board  of  county  canvassers,  one  of  which  shall 
be  delivered  to  the  sheriff  of  the  county,  one  filed  with 
the  register  of  deeds,  to  be  registered  in  his  office,  and  one 
forwarded  by  mail  in  a  registered  letter  to  the  Secretary  of 
State  at  Raleigh.  Also  two  separate  abstracts  of  all  the 
votes  cast  for  State  Senators  when  the  senatorial  district 
consists  of  more  than  one  county,  one  of  which  shall  be 
filed  with  the  register  of  deeds,  to  be  registered  in  his 
office,  and  the  other  furnished  to  the  sheriff  of  the  county 
or  other  returning  officer. 

Sec.  2697.  Each  abstract  of  the  votes  cast  for  such  officers  contents  of  the 

abstract  of  the 

as  the  county  alone  elects  shall  contain  an  accurate  state-  vote  for  county 

^  officers. 

ment  of  all  the  persons  voted  for  and  the  number  of  legal  l876-'7. c-  275,  s.  28. 
votes  cast  for  each. 

Sec.  2698.  When  the  canvass  is  concluded,  the  board  Pl^^J^v™5 

7  to  be  filed  with 

shall  deliver  the  original  returns  to  the  Clerk  of  the  Supe-  pSor°couretSand 

rior  Court,  to  be  filed  in  his  office,  and  shall  cause  each  of  J£ tobe  £§tto 

the  abstracts  mentioned  in  the  two  preceding  sections  to  fs^)^  275SlaT9. 

be  recorded  in  a  book  to  be  called  "The  Election  Book," 

to  be  kept  in  the  office  of  said  clerk.     And  said  clerk  shall 

also  transmit  by  mail  to  the  Secretary  of  State  duplicates 

of  the  abstracts  mentioned  in  section  twenty-six  hundred 

and  ninety-six,  each  abstract  to  be  sealed  up  in  a  separate 

envelope. 


16 
persons  having  Sec.  2699.  The  person  having  the  greatest  number  of 

highest  vote  to  be  l  ,  °  ° 

declared  elected,     legal  votes  fo r  any  office  is  to  be  declared  elected.     Bat  if 

R.  S.,  c.  52,  s.  8.  °  ^ 

184^0. 27,  s.  i.g  ^  two  or  more  county  candidates,  having  the  greatest  num- 
ber of  votes,  shall  have  an  equal  number,  the  board  of 
commissioners  of  the  county  shall  determine  which  shall 
be  elected. 

Result  of  election        Sec.  2700.  When  the  board  of  county  canvassers  have 

to  be  proclaimed 

at  the  court-house,  thus  completed  the  comparison  of  the  polls,  they  shall 

1876-7,  c.  275,  s.  31.  L  L  I  J  J 

determine  the  result  of  the  election  in  their  county  for  all 
persons  voted  for  and  proclaim  the  same  at  the  court-house 
door,  with  the  number  of  votes  cast  for  each. 
Returning  officers       Sec.  2701.  The  sheriffs  or  other  returning  officers  in  the 

of  senatorial  dis-  ° 

tricts,  when  and     various  senatorial  districts  composed  of  more  than  one 

where  to  meet;  L 

tomake?ertu?nsng  county,  after  receiving  the  returns  from  the  board  of 
and  compared!  county  canvassers,  shall  meet  on  the  tenth  day  after  the 
1891,  c.  510,  s.  1.  election,  at  the  following  places  in  their  respective  dis- 
tricts, for  the  purpose  of  comparing  the  polls:  In  the  first 
district,  at  Hertford,  in  the  county  of  Perquimans;  in  the 
second  district,  at  Plymouth,  in  the  county  of  Washing- 
ton ;  in  the  third  district,  at  Roxobel,  in  the  county  of 
Bertie ;  in  the  seventh  district,  at  Nashville,  in  the  county 
of  Nash;  in  the  eighth  district,  at  New  Berne,  in  the 
county  of  Craven;  in  the  ninth  district,  at  Warsaw,  in  the 
county  of  Duplin;  in  the  tenth  district,  at  Wilmington,  in 
the  county  of  New  Hanover;  in  the  eleventh  district,  at 
Ridgeway,  in  the  county  of  Warren ;  in  the  fourteenth 
district,  at  Poseboro,  in  the  county  of  Sampson;  in  the 
fifteenth  district,  at  Lennon's  Cross-roads,  near  Francis 
Lennon's,  in  the  county  of  Columbus;  in  the  seventeenth 
district, at  Berea,  in  the  county  of  Granville;  in  the  eigh- 
teenth district,  at  Hillsboro,  in  the  county  of  Orange ;  in 
the  twenty-second  district,  at  Brower's  Mill,  in  the  county 
of  Randolph ;  in  the  twenty-third  district,  at  Lilesville, 
in  the  county  of  Anson ;  in  the  twenty-fourth  district,  at 
Mount  Pleasant,  in  the  county  of  Cabarrus;  in  the  twenty- 
sixth  district,  at  Lexington,  in  the  county  of  Davidson ;  in 
the  twenty -seventh  district,  at  Harmony,  in  the  county  of 


17 


Iredell;  in  the  twenty-eighth  district,  at  Pilot  Mountain, 
in  the  county  of  Surry;  in  the  twenty-ninth  district,  at 
Hickory,  in  the  county  of  Catawba;  in  the  thirtieth  dis- 
trict, at  Jefferson,  in  the  county  of  Ashe ;  in  the  thirty- 
first  district,  at  Marion,  in  the  county  of  McDowell ; 
in  the  thirty-second  district,  at  Mooresboro,  in  the  county 
of  Cleveland ;  in  the  thirty-third  district,  at  Asheville,  in 
the  county  of  Buncombe ;  in  the  thirty-fourth  district,  at 
Webster,  in  the  county  of  Jackson ;  in  the  thirty-fifth  dis- 
trict, at  Murphy,  in  the  county  of  Cherokee.  If  for  any 
cause  any  of  said  sheriffs  or  returning  officers  are  pre- 
vented from  meeting  at  said  places,  respectively,  on  the 
aforesaid  tenth  day  after  the  election,  the  returns  of  such 
officers  shall  be  waited  for  and  received  if  they  arrive  on 
the  following  day;  and  the  returning  officer  failing  to 
attend  at  the  time  and  place  required  as  aforesaid  shall 
forfeit  and  pay  one  thousand  dollars,  to  be  recovered  in 
the  Superior  Court  of  his  county  by  any  person  who  may 
sue  for  the  same,  and  shall  be  guilty  of  a  misdemeanor ; 
but  if  the  returns  of  all  the  counties  in  the  district  be  not 
in  by  noon  of  the  day  appointed,  then  the  returning  offi- 
cers shall  adjourn  from  day  to  day  until  the  returns  from 
all  the  counties  be  received,  and  in  the  meantime  shall 
despatch  a  competent  person,  under  oath,  to  the  county  of 
the  delinquent  returning  officer  for  a  certified  copy  of  the 
vote  of  that  county,  which  shall  be  furnished  by  the 
register  of  deeds  of  said  county,  and  when  received  shall 
be  counted;  and  when  the  sheriffs  shall  be  convened  as 
aforesaid,  the  polls  for  the  different  counties  shall  be 
examined  in  the  presence  of  one  justice  and  five  electors, 
to  be  summoned  by  the  sheriff  of  the  county  where  they 
shall  meet;  and  a  certificate,  under  the  hands  and  seals 
of  the  returning  sheriffs,  shall  be  given  to  the  candidate 
in  each  district  for  whom  the  greatest  number  of  votes 
shall  have  been  given;  but  if  two  or  more  candidates 
shall  have  an  equal  number  of  votes,  the  said  officers 
shall  determine  which  shall  be  a  senator,  and  if  no 
2 


18 

decision  shall  be  made  by  them,  they  shall  determine  the 
same  by  lot. 
certificate  of  Sec.  2702.   The  sheriff  of  each  county  shall  furnish, 

election,  when  and  •      ..,    .       ,  -.  .,  .  .  .  .,  , 

how  furnished.       witnm  ten  days,  the  member  or  members  elected  to  the 

i8yi-'2,  c.  185,  s.  22.   T 

i876-'7,  c  275,  s.  33.  House  of  Representatives  and  to  the  Senate,  where  the 
district  is  not  composed  of  more  than  one  county,  a  certifi- 
cate of  election,  under  his  hand  and  seal;  he  shall  also 
immediately  notify  all  persons  elected  to  the  county  offices 
to  meet  at  the  court-house  on  the  first  Monday  in  the 
ensuing  month,  to  be  qualified. 

Returns  for  state        Sec.  2703.  The  sheriff  or  other  returning  officer  of  each 

officers;  when,  by  ° 

madecertifiSe    county  shall,  on  or  before  the  third  day  after  the  elec- 
wh^statement    ^on>  transmit  by  mail,  in  a  registered  letter,  or  otherwise, 
quentsSurning"    *°  *ne  Speaker  of  the  House  of  Representatives,  a  sepa- 
?8^6-e'7,  ?C275,  s.  34.  rate  statement  of  the  votes  taken  in  his  county  for  each 
of  the  State  officers,  to-wit,  Governor,  Lieutenant  Gover- 
nor, Secretary  of  State,  Auditor,  Treasurer,  Superintendent 
of  Public  Instruction,  and  Attorney  General,  which  state- 
ment, in  each  case,  shall  be  in  the  following  or  some 
similar  form,  viz. : 


STATE  OF  NORTH  CAROLINA, 

County. 

I, ,  sheriff  of county,  do  hereby  certify 

that  at  the  election  held  in  the  said  county  to  elect  a  Governor  (or 
other  officers,  as  the  case  may  be),  for  four  years,  from  the  first  day 
of next,  at  the  places  appointed  by  law  for  holding  elec- 
tions for  said  county,  on  the day  of ,  A.  D. ,  one 

thousand  eight  hundred  and ,  votes  were  given  for 

,  and votes  were  given  for 

Given  under  my  hand,  this day  of  ,  18 

,  Sheriff. 

If  said  statements  are  transmitted  by  mail,  they  shall 
be  directed  in  sealed  packets  to  the  Speaker  of  the  House 
of  Representatives  in  care  of  the  Secretary  of  State,  and 
if  by  messenger,  they  shall  be  sent  directly  to  the  Speaker 
of  the  House  of  Representatives,  sealed  as  aforesaid : 
Provided,  that  no  messenger  bringing  said  statements  or 


19 

any  other  abstracts  or  election  returns  shall  receive  com- 
pensation therefor.  Any  sheriff  or  other  returning  officer 
failing  or  neglecting  to  perform  the  duties  required  in  this 
section  shall  forfeit  and  pay  two  thousand  dollars,  to  be 
recovered  in  the  Superior  Court  of  his  county  by  any  per- 
son who  shall  sue  for  the  same,  and  shall  be  guilty  of  a 
misdemeanor,  and  imprisoned  at  hard  labor  in  the  peni- 
tentiary for  twelve  months :  Provided  further,  that  the 
sheriffs  of  the  counties  of  Carteret,  Hyde  and  Dare  shall 
have  until  the  eleventh  day  after  the  election  to  comply 
with  this  section. 

Sec.  2704.  The  Secretary  of  State  shall  cause  proper  secretary  of  state 
forms  of  returns  to  be  prepared  and  printed,  and  send  t?anrSm?trfor"ms  of 
copies  thereof,  with  plain  directions  as  to  the  manner  of  i87i-'2,  c.  185,  s.  24. 

.  *     •       , .  .      .  i876-'7,  c.  275,  ss. 

indorsing,  directing  and  transmitting  the  same  to  the  seat  35, 36. 
of  government,  to  all  the  returning  officers  of  the  State, 
at  least  thirty  days  before  the  time  of  holding  any  election. 
He  shall  also  furnish  to  the  register  of  deeds  of  each 
county  all  such  printed  blanks  as  may  be  necessary  for 
making  the  county  returns. 

Sec.  2705.  The  Speaker  of  the  House  of  Representatives,  Returns  for  state 
in  the  presence  of  a  majority  of  the  members  of  both  by  whom  opened 

tx  r»      i        /^  i  i  in  i  ii'i      an(^  published; 

Houses  of  the  General  Assembly,  shall  open  and  publish  incase  of  defec- 

"  *  .  tive  returns,  who 

the  returns  for  Governor,  Lieutenant  Governor,  Secretary  to  be  declared 

J    elected;  tie  votes; 

of  State,  Auditor,  Treasurer,  Superintendent  of  Public  ff0^tsested  elec" 

Instruction,  and  Attorney  General,  at  twelve  o'clock,  noon,  £0^st'' Artlcle  m« 

on  the  first  Tuesday  after  the  organization  of  both  Houses  is^-'y',  c.  f.5,  s' 35" 

of  the  General  Assembly.     And  if  for  any  cause  there  be  J  7    7' c" 275,s 

no  return  from  any  county  of  the  State,  or  if  any  return 

be  defective,  a  proper  return  shall  be  had  in  such  manner 

as  the  two  Houses  in  joint  session  may  direct;  and  in 

either  case  the  publication  of  the  result  may  be  postponed 

to  such  time  as  the  joint  session  of  the  two  Houses  may 

deem  best.     The  person  having  the  highest  number  of 

votes  for  each  office,  respectively,  shall  be  duly  declared 

elected  thereto ;  but  if  two  or  more  be  equal  and  highest 

in  votes  for  the  same  office,  then  one  of  them  shall  be 


20 

chosen  by  joint  ballot  of  both  Houses  of  the  General 
Assembly.  Contested  elections  shall  be  determined  by  a 
joint  vote  of  both  Houses  of  the  General  Assembly  in  the 
same  manner  and  under  the  same  rules  and  regulations 
as  prescribed  in  cases  of  contested  elections  of  members  of 
the  General  Assembly. 
An  abstract  of  Sec.  2706.  An  abstract  of  the  returns  of  votes  for  State 

made  by  the  officers  shall  be  made  by  the  clerks  of  the  two  Houses  of 

clerks  and  signed 

by  the  presiding    the  General  Assembly,  showing  the  number  of  ballots  cast 

officers  of  the  . 

andmed^with11317'  ^or  eacn  candidate,  the  names  of  all  persons  voted  for,  the 
?88T,epa^f  state*  offices  for  which  they  received  such  votes,  and  the  number 
faenuaUi5°i3th!        of  votes  cast  for  each  person,  and  the  persons  ascertained 
by  the  canvass  to  be  elected  to  the  several  offices ;  and  said 
abstract  shall  be  signed  by  the  presiding  officers  of  the 
two  Houses  and  delivered  to  the  Secretary  of  State,  who 
shall  record  it  in  the  election  book  kept  in  his  office,  and 
then  file  it.     Said  abstract  shall  also  be  printed  in  the 
journals  of  the  two  Houses  and  in  the  legislative  docu- 
ments, 
penalty  on  officers      Sec.  2707.  Any  registrar  or  judge  of  election,  or  any 

for  non-perform-  J  &  .       .  &        .  ,        .,       , 

ance  of  duty  under  county  canvasser  or  commissioner,  register  of  deeds,  clerk 

this  chapter.  J  ;        °  7 

il'2CcC2*3^hS'  II3'  or  sneriff>  failing  or  neglecting  to  make  the  returns  and 
i87i-'2)  c.  i85,  s.  29.  perform  the  duties  required  of  him,  shall  be  fined  not  less 
i876->7.  c.  275,  s.  38.  than  five  hundred  nor  more  than  one  thousand  dollars,  or 
imprisoned  not  more  than  six  nor  less  than  two  months, 
at  the  discretion  of  the  court ;  and  every  such  officer  for 
every  such  offence  shall  forfeit  and  pay  the  sum  of  five 
hundred  dollars,  to  be  recovered  in  the  name  and  to  the 
use  of  the  State,  on  motion  of  the  Attorney  General  in  the 
Superior  Court  of  Wake  County,  ten  days'  previous  notice 
in  writing  of  such  intended  motion  having  been  given  to 
such  officer  by  the  Secretary  of  State.  The  proceedings 
thereon  shall  be  summary,  and  if  any  matter  of  fact  shall 
be  in  issue,  the  same  shall  be  tried  at  the  first  term ;  and 
on  such  trial,  or  for  any  other  purpose  in  the  prosecution 
of  such  motion  to  judgment,  the  certificate  of  the  Secretary 
of  State,  or  of  the  Governor,  as  the  case  may  be,  of  the 


•   21 

particular  default  on  which  the  motion  is  founded,  shall 
be  received  as  competent  prima  facie  evidence  to  prove  the 
same. 

Sec.  2708.  If  anv  sheriff,  or  returning  officer  whatever,  wilful  or  maii- 

J  '  °  '  cious  neglect  of 

shall  wilfully,  or  of  malice,  neglect  to  perform  any  duty,  tn^irduttiel>.erform 

act,  matter  or  thing,  required  or  directed,  in  the  time,  fs^'c.^df's.3^.114' 

manner  and  form  in  which  such  duty,  act,  matter  or  thing 

is  required  to  be  performed  in  relation  to  the  election  and 

returns  thereof,  of  the  Governor,  of  Representatives  in 

Congress,  of  Justices  of  the  Supreme  Court,  of  Judges  of 

the  Superior  Court,  of  Solicitors,  or  of  the  Electors  of 

President  and  Vice-President  of  the  United   States,  the 

person  so  offending  shall  be  guilty  of  a  felony,  and  fined 

not  less  than  one  thousand  nor  more  than  five  thousand 

dollars,  and  be  imprisoned  not  less  than  one  nor  more 

than  three  years;  and  shall  be  disabled  from  holding  any 

office  of  profit  or  trust  under  the  authority  of  the  State. 

Sec.  2709.  Any  person  who  shall,  with  intent  to  commit  penalty  for 

....  ,  ..  fraudulent  regis- 

a  fraud,  register  or  vote  at  more  than  one  box  or  more  tration  or  voting. 

i87i-'2,  c.  185,  s.  30. 

than  one  time,  or  who  shall  induce  another  to  do  so,  or  any  1876^7,  c  275,  s.  39. 
person  who  shall  illegally  vote  at  any  election,  shall  be 
guilty  of  an  infamous  crime,  imprisoned  not  less  than  six 
nor  more  than  twelve  months,  or  fined  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars  at  the  dis- 
cretion of  the  eourt ;  and  any  registrar  of  voters,  or  any 
clerk  or  copyist  who  shall  make  any  entry  or  copy  with 
intent  to  commit  a  fraud,  shall  be  liable  to  the  same 
penalty. 

Sec.  2710.  Any  person  who  shall  corruptly  take  the  oath  penalty  for  cor- 

*'    x  .  ruptly  taking 

prescribed  for  voters,  shall  be  guilty  of  perjury,  and  be  theibedf  rwter 
fined  not  less  than  five  hundred  dollars,  nor  more  than  f$£?7\  £;  275]  l.  40. 
one  "thousand  dollars,  and  be  imprisoned  at  hard  labor  in 
the  penitentiary  not  less  than  two  nor  more  than  five 
years. 

S£cr6t3.i*v  of*  ^tfitc 

Sec.  2711.  The  Secretary  of  State  shall,  at  least  sixtv  to  furnish  c°Pies 

"'  J    of  the  election  law 

days  before  each   election,  furnish  the  board  of  countv  ^ the  co?imit 

*  '  J    sioners  of  each 

commissioners  of  each  cotmty  with  a  sufficient  number  of  S£5^c.  185,  s.  32. 

i876-'7,  c.  275,'  s.  41. 


22 


Armed  men  not 
to  muster  on  day 
of  election. 
R.  C,  c.  52,  s.  21. 

J795,  c.  431. 
i876-'7,  c.  275,  s.  44. 


Breaking  up  or 
staying  elections. 
R.  C,  c.  34,  s.  37. 

1793,  c.  382,  s.  2. 


Treating  at  elec- 
tions. 
R.  C,  c.  52,  s.  23. 

1801,  c.  580,  s.  3. 
i876-'7,  c.  275,  s.  46. 


Intimidation  of 

voters. 

1868,  c.  62,  s.  4. 


Bribery  at  elec- 
tions. 
R.  C,  c.  52,  s.  22. 

1777,  c.  116,  S.  II. 
i868-'9,  c.  176,  s.  1. 
1876-' 7,  c.  275,  s.  45< 


copies  of  this  chapter,  as  it  will  always  read  with  the  latest 
amendments  incorporated  with  it,  to  supply  each  county 
canvasser,  commissioner,  register  of  deeds,  sheriff,  registrar 
of  voters,  and  judge  of  election  with  one  copy  thereof. 

Sec.  2712.  No  regimental,  battalion  or  company  muster 
shall  be  called  or  directed  on  election  day,  nor  shall  armed 
men  assemble  on  the  day  of  election,  at  any  place  appointed 
by  law  to  hold  elections  for  Electors  of  President  and  Vice- 
President  of  the  United  States,  Governor,  members  of 
Congress  or  members  of  the  General  Assembly,  under  the 
penalty  of  one  thousand  dollars,  to  be  recovered  of  any 
person  who  shall  call  such  muster,  or  assemble  such  armed 
men,  one-half  to  go  to  the  use  of  the  informer,  and  the 
other  half  to  the  use  of  the  State. 

Sec.  2713.  Any  person  who,  by  force  and  violence,  shall 
break  up  or  stay  any  election,  by  assaulting  the  officers 
thereof,  or  depriving  them  of  the  ballot-boxes,  or  by  any 
other  means,  his  aiders  and  abettors,  shall  be  guilty  of  a 
misdemeanor,  and  imprisoned  three  months,  and  pay  such 
fine  as  the  court  shall  adjudge,  not  exceeding  one  hundred 
dollars. 

Sec.  2714.  Any  person  who  shall  treat  with  either  meat 
or  drink,  on  any  day  of  election,  or  any  day  previous 
thereto,  with  an  intent  to  influence  the  election,  shall  for- 
feit and  pay  two  hundred  dollars,  the  one-half  for  the  use 
of  the  county,  and  the  other  to  the  use  of  the  person  who 
shall  sue  for  the  same. 

Sec.  2715.  Any  person  who  shall  discharge  from  em- 
ployment, withdraw  patronage  from,  or  otherwise  injure, 
threaten,  oppress,  or  attempt  to  intimidate  any  qualified 
voter  of  this  State,  because  of  the  vote  such  voter  may  or 
may  not  have  cast  in  any  election,  shall  be  guilty  of  a 
misdemeanor. 

Sec.  2716.  Any  person  who  shall,  at  any  time  before  or 
after  an  election,  either  directly  or  indirectly,  give,  or 
promise  to  give,  any  money,  property,  or  reward  to  any 
elector,  or  to  any  county  or  district,  in  order  to  be  elected, 


23 

or  to  procure  any  other  person  to  be  elected  a  member  of 
the  General  Assembly,  or  to  any  office  under  the  laws  of 
this  State,  shall  forfeit  and  pay  four  hundred  dollars  to 
any  person  who  will  sue  for  the  same,  and  shall  be  guilty 
of  a  misdemeanor;  and  any  person  who  shall  receive  or 
agree  to  receive  any  such  bribe  shall  also  be  guilty  of  a 
misdemeanor. 

Sec.  2717.   Any  person  who  shall  bet  or  wager  any  Betting  on  eiec- 
money  or  other  thing  of  value  upon  any  election  held  in  isss-'g,  c.  49. 
this  State  shall  be  guilty  of  a  misdemeanor. 

Sec.  2718.   (For  Senators  and  their  mode  of  election,  congressional 
see  act  of  Congress  of  the  twenty-fifth  of  July,  one  thou- 
sand eight  hundred  and  sixty-six,  fourteenth  Statutes  at 
Large,   chapter   two   hundred   and   forty-five,  page   two 
hundred  and  forty-three.) 

Sec.  2719.  For  the  purpose  of  selecting  Representatives  Representation  in 
in  the  Congress  of  the  United  States,  the  State  of  North 
Carolina  shall  be  divided  into  nine  districts,  as  follows : 

First   District  —  Beaufort,  Camden,  Carteret,  Chowan,  state  divided  into 

nine   Congression- 

Currituck,  Dare,  Gates,  Hertford,  Hyde,  Martin,  Pamlico,  ai  districts. 
Pasquotank,  Perquimans,  Pitt,  Tyrrell  and  Washington. 

Second  District — Bertie,  Edgecombe,  Greene,  Halifax, 
Lenoir,  Northampton,  Warren,  Wilson  and  Wayne. 

Third  District  —  Bladen,  Cumberland,  Duplin,  Craven, 
Harnett,  Jones,  Moore,  Onslow  and  Sampson. 

Fourth  District  —  Chatham,  Franklin,  Johnston,  Nash, 
Randolph,  Wake  and  Vance. 

Fifth  District  —  Alamance,  Caswell,  Granville,  Guilford, 
Person,  Rockingham,  Stokes,  Durham  and  Orange. 

Sixth  District  —  Anson,  Brunswick,  Columbus,  Meck- 
lenburg, New  Hanover,  Pender,  Richmond,  Robeson  and 
Union. 

Seventh  District  —  Cabarrus,  Davidson,  Davie,  Iredell, 
Montgomery,  Rowan,  Stanly,  Yadkin,  Lincoln  and  Ca- 
tawba. 

Eighth  District  —  Alleghany,  Ashe,  Alexander,  Burke,  m 

Caldwell,  Cleveland,  Gasfon,  Mitchell,  Watauga,  Wilkes, 
Forsyth  and  Surry. 


24 

Ninth   District  —  Buncombe,  Cherokee,  Clay,  Graham, 
Haywood,  Henderson,  Jackson,  McDowell,  Macon,  Madi- 
son, Polk,  Rutherford,  Swain,  Transylvania  and  Yancey. 
congressmen  from      Sec.  2720.  Whenever,  by  a  new  apportionment  of  Rep- 
when there shaii/j  resentatives   among   the   several   States,  the   number   of 
elected.  Representatives  in  the  Congress  of  the  United  States  from 

North  Carolina  shall  be  either  increased  or  decreased,  and 
neither  the  Congress  nor  the  General  Assembly  shall 
provide  for  the  election  of  the  same,  then  if  the  said  Rep- 
resentatives shall  be  increased,  the  increased  number  shall 
be  elected  by  the  qualified  voters  of  the  whole  State,  and 
shall  be  voted  for  on  one  ballot;  and  the  Representatives 
from  the  several  Congressional  districts  shall  be  elected 
by  the  voters  of  the  said  districts  respectively,  and  shall 
be  each  voted  for  on  another  ballot.  But  if  the  number 
of  said  Representatives  shall  be  decreased  as  aforesaid,  in 
that  event  all  the  Representatives  in  Congress  shall  be 
elected  by  the  qualified  voters  of  the  whole  State,  and 
shall  be  voted  for  on  one  ballot. 
Time  and  manner  Sec.  2721.  The  election  for  members  of  Congress  shall 
congressional        be  held  at  the  same  time  and  places  as  prescribed  for 

elections 

r.c.,c.52,s.4.      holding  elections  for  members  of  the  General  Assembly, 
i832'?'ii'  on  *ne  Tuesday  next  after  the  first  Monday  in  November, 

I876--7,  c.  275,  s.  49-  jn  ^he  year  of  our  Lord  one  thousand  eight  hundred  and 
eighty-four,  and  on  said  day  every  two  years  thereafter, 
or  on  such  days  as  Congress  shall  have  prescribed,  and 
shall  be  conducted  by  the  sheriffs,  or  by  other  persons 
appointed  therefor,  in  like  manner  as  elections  for  mem- 
bers of  the  General  Assembly, 
vacancies  in  rep-        Sec.  2722.  If  at  any  time  after  the  expiration  of  any 

resentation,  how  ... 

fined.  Congress,  and  before  another  election,  or  if  at  any  time 

R.  C,  c.  53,  s.  5.  &  '  '  J 

i37^'7,c!627S5,2s.5o.  after  an  election,  there  shall  be  a  vacancy  in  the  represen- 
tation in  Congress,  the  Governor  shall  issue  a  writ  of  elec- 
tion, and  by  proclamation  shall  require  the  voters  to  meet 
in  the  different  townships  in  their  respective  counties  at 
such  time  as  may  be  appointed  therein,  and  at  the  places 
established  by  law,  then  and  there  to  vote  for  a  Repre- 


25 

sentative  in  Congress  to  fill  the  vacancy ;  and  the  election 
shall  be  conducted  in  like  manner  as  regular  elections. 

Sec.  2723.  Every  person  duly  elected  a  Representative  Representatives  in 

*    L  "  Congress  cotnmis-  ■ 

to  Congress,  upon  obtaining  a  certificate  of  his  election  go^ed  by  the 
from  the  Secretary  of  State  shall  procure  from  the  Gov-  g^>  £■  Jg.  s.  26. 
ernor  a  commission,  certifying  his  appointment  as  a  Ren= 
resentative  of  the  State,  which  the  Governor  shall  issue  on 
such  certificate  being  produced. 

Sec.  2724.  The  registrar  shall  receive  one  cent  for  each  compensation  of 

.     ,  .     .  .  -it  i   registrars,  return- 

name  copied    from  the   original  registration   book,  and  ing officers,  and 

A  .  .       the  members  of 

three  cents  for  each  new  name  registered.     Every  sheriff  the  board  of  state 


canvassers. 


or  other  returning  officer,  shall  be  allowed  two  dollars  and  J|gjJ'  J:  l2f'  fs28, 
fifty  cents  per  day  for  the  time  actually  employed,  and  fl^c.  152,  s.  8. 
ten  cents  per  mile  for  distance  traveled,  for  making  the  Resolution" of 
returns  for  Senators,  and  sixty  cents  for  each  notice  served  January 
upon  the  county  officers  elect,  and  sixty  cents  for  giving 
certificates  to  Representatives  to  the  General  Assembly 
and  to  the  Senators  whose  district  is  a  single  county,  all 
to  be  paid  by  the  county  treasurer,  upon  the  affidavit  of 
the  returning  officer.     Clerks  and  registers  of  deeds  shall 
also  be  allowed  the  usual  record  and  registration  fees  for 
recording  and  making  duplicates  of  the  election  returns, 
to  be  paid  by  the  county.     The  Senatorial   members  of 
the  board  of  State  canvassers,  while  engaged  in  the  dis- 
charge of  their  duties,  shall  receive  the  same  per  diem  and 
mileage  as  members  of  the  General  Assembly.     The  said 
board  may  employ  two  clerks  at  a  compensation  of  four 
dollars  per  day  each  during  the  sessions  of  the  board. 

BOARD  OF  STATE  CANVASSERS. 

Sec.  2725.  The  Governor,  Secretary  of  State,  Attorney  Board  of  state 
General,  and  two  members  of  the  State  Senate,  one  of  each  shiTconSitute0 
political  party,  to  be  selected  by  the  Governor,  shall  con-  * 
stitute   the   board  of  State  canvassers,  but    no  member 
thereof  shall  take  part  in  canvassing  the  votes  for  any 
office  for  which  he  himself  is  a  candidate.     But  in  every 


26 

such  case  the  other  members  of  the  board  shall  select  some 
person  to  act  in  the  place  of  such  candidate. 
Returns  not  re-  Sec.  2726.  If  the  abstracts  or  returns  from  any  county 

ceived  in  time, 

secretary  of  state   shall  not  be  received  at  the  office  of  the  Secretary  of  State 

shall  obtain  origi-  J 

*§i$Tl*%  s  4  ky  the  third  Monday  after  the  day  of  election,  the  said 
Secretary  is  authorized  to.  obtain  from  the  register  of  deeds, 
or  clerk  of  the  superior  court  of  such  county,  at  the  expense 
of  such  county,  the  original  abstracts  or  returns,  or  if  they 
have  been  forwarded,  copies  of  them. 

Abstracts  to  be  Sec.  2727.  The  board  of  State  canvassers  shall  open  the 

opened,  when  x 

and  by  whom.        abstracts   transmitted  to   the  Secretary  of  State  on  the 

i876-'7,  c.  275,  ss.  J 

55.56.  •  Thursday  following  the  third  Monday  after  the  day  of 

election,  and  examine  the  returns,  if  they  shall  have  been 
received  from  all  the  counties,  and  if  not  all  received,  they 
may  adjourn  not  exceeding  twenty  days  for  the  purpose 
of  obtaining  the  returns  from  all  the  counties,  and  when 
these  are  received  shall  proceed  with  the  canvass ;  such 
canvass  shall  be  conducted  publicly  in  the  hall  of  the 
House  of  Representatives.  They  shall  make  an  abstract, 
stating  the  number  of  legal  ballots  cast  for  each  candi- 
date, the  names  of  all  the  persons  voted  for,  for  what  office 
they  respectively  received  the  votes,  and  the  number  of 
votes  each  received,  and  stating  whom  they  ascertain  and 
judicially  determine  by  the  count  to  be  elected  to  the 
office,  which  abstract  shall  be  signed  by  the  board  of  can- 
vassers, in  their  official  capacity  as  State  canvassers,  and 
have  the  seal  of  the  State  affixed  thereto :  Provided,  that 
in  all  cases  of  special  elections  ordered  by  the  Governor 
to  fill  vacancies  in  the  representation  of  the  State  in  Con- 
gress, the  board  of  State  canvassers  may  meet  as  soon  as 
the  Secretary  of  State  may  notify  the  members  of  the 
board  that  the  returns  from  all  the  counties  entitled  to 
vote  in  said  special  election  have  been  received  by  him ; 
and  it  shall  be  the  duty  of  the  Secretary  of  State  to  fix 
the  day  of  meeting,  which  day  shall  not  be  later  than  ten 
days  after  such  elections ;  and  it  shall  be  the  duty  of  all 
returning  officers  to  make  their  returns  promptly,  so  that 
the  same  may  be  received  within  the  ten  days. 


27 
Sec.  2728.  The   Secretary   of    State   shall    record    the  Records  of  the  re- 

•  •  turns  to  be  kept 

abstract  or  abstracts  in  a  book  to  be  kept   bv  him  for  t>y  the  secretary 

r  J  of  State. 

recording  the  results  of  elections,  and  to  be  called  the  l876-'7,  c  275,  s.  57. 
"  Election  Book,"  and  shall  also  file  the  abstract  or  ab- 
stracts. 

Sec.  2729.  A  certificate  shall  be  prepared  for  each  personrfertincate  of  eiec-. 

^  ^BKon,  when,  how 

elected,  and  signed  by  the  Secretary  of  State,  and  shall  be  f„4isbedom 
delivered  to  the  person  elected,  when  he  shall  demand  the  l876-'7,  c.  275,  s.  58. 
same. 

Sec.  2730.  The  board  of  State  canvassers  shall  estimate  statement  of 

votes  cast  for  offi- 

the  votes  cast  for  officers  of  the  Executive  Department  gJJ  DemSent' 
from  the  abstracts  forwarded  to  the  Secretary  of  State,  and  s°tabte?anlSseeTsby 
shall  publish  a  statement  of  the  result  of  such  calculation,  lS7&r'7> c-  275~ s- 56- 
but  this  statement  shall  be  for  information  of  the  public 
only,  and  shall  not  have  the  effect  to  determine   what 
candidates  have  been  elected  to  such  offices.     Their  elec- 
tion shall  be  ascertained  and  declared  according  to  section 
three,  article  three  of  the  Constitution. 

Sec.  2731.  Justices  of  the  Supreme  Court,  Judges  of  the  whoshaiibe 

r<  r  nt    t     •  ini  •  ii         commissioned  by 

Superior  Court,  and  Solicitors,  shall  be  commissioned  by  the  Governor; 

A  '  •>    when  term  of 

the  Governor,  and  their  terms  of  office  shall  begin  on  the  office  shall  begin. 

'  o  1876-' 7,  c.  275,  s.  60. 

first  day  of  January  next  succeeding  their  election.  An 
election  of  officers  whose  terms  shall  be  about  to  expire 
shall  always  be  held  at  the  general  election  next  prece- 
ding the  expiration  of  their  terms  of  office. 

MISCELLANEOUS. 


Sec.  2732.  Any  person  who  shall  cause  or  procure  his  illegal  registra- 
name  to  be  registered  in  more  than  one  election  ward  or  187^7,  c.  275,  s.  6i 
precinct,  or  shall  cause  or  procure  his  name,  or  that  of  any 
other  person,  to  be  registered,  knowing  that  he  or  the 
person  whose  name  he  has  procured  to  be  registered  is  not 
entitled  to  vote  in  the  ward  or  election  precinct  wherein 
such  registration  is  made,  at  the  ensuing  election  to  be 
held  therein,  or  who  shall  falsely  personate  any  registered 
voter,  shall  be  guilty  of  a  crime  infamous  by  the  laws  of 


28 

the  State,  and  shall  be  punished  for  every  such  offense  by 
a  fine  not  exceeding  one  thousand  dollars,  or  imprison- 
ment at  hard  labor  for  a  term  not  exceeding  two  years,  or 
both,  in  the  discretion  of  the  court. 

persons  having  Sec.  2733.  If  any  person  be  challenged  as  being  con- 

been  convicted  .  .  .  .  . 

of  an  infamous    dieted  of  any  crime  which  excludes  him  from  the  right  of 

crime  may  be         U  ^  _   ° 

r^uireTto SS?      suffrage,  he  shall  be  required  to  answer  any  questions  in 

pIrsonCs°Sotcted      relation  to  such  alleged  conviction ;  bat  his  answer  to  such 

un?SI restored' to   questions  shall  not  be  used  against  him.  in  any  criminal 

zenshfp.tso  C1       prosecution ;  but  if  any  person  so  convicted  shall  vote  at 

any  election,  without  having  been  restored  to  the  rights 

of  citizenship,  he  shall  be  guilty  of  an  infamous  crime,  and 

punished  by  a  fine  not  exceeding  one  thousand  dollars,  or 

imprisoned  at  hard  labor  not  exceeding  two  years,  or  both. 

powersand  dutieT      Sec.  2734.  The  judges  of  election  shall  in  no  case  receive 

tioJnif  rlgardTo     the  vote  of  any  person  unless  they  shall  be  satisfied  that 

the  examination  ..,,  .......  . 

ofvoters.  such  person  is  in  all  respects  qualified  and  entitled  to  vote  ; 

i876-'7,  c.  275,  s.  6  r  .         .  > 

and  for  the  purpose  of  satisfying  themselves  as  to  the  right 
of  any  person  who  shall  claim  a  right  to  vote,  they  shall 
have  power  to  examine  such  person,  and  any  other  person 
or  persons,  under  oath  or  affirmation,  touching  such  right. 
And  if  any  judge  of  election  shall  receive,  or  assent  to 
receive,  the  vote  of  any  person  challenged,  without  re- 
quiring such  person  to  take  the  oath  or  affirmation  herein- 
before prescribed,  and  if  such  person  shall  not  be  qualified 
and  entitled  to  vote,  such  judge  of  election  so  receiving, 
or  assenting  to  receive,  such  vote  shall  be  deemed  to  have 
received  the  same  knowing  it  to  be  illegal, 
powers  of  the  Sec.  2735.  The  judges  and  inspectors  of  election  in  each 

in<fthe various      ward  or  precinct,  the  board  of  county  canvassers  of  each 

boards  of  canvass-  -iit  inn  i 

ers.  county,  and  the  board  of  State  canvassers  shall  respectively 

i876-'7,  c.  275,  s.  64.  J  ;  >  . 

possess  full  power  and  authority  to  maintain  order,  and 
to  enforce  obedience  to  their  lawful  commands  during 
their  sessions,  respectively,  and  shall  be  constituted  inferior 
courts  for  that  purpose ;  and  if  any  person  shall  refuse  to 
obey  the  lawful  command  of  any  such  judge  or  inspector 
of  election,  or  board  of  county  canvassers,  or  board  of  State 


29 

canvassers,  or  by  disorderly  conduct  in  their  hearing  or 
presence,  shall  interrupt  or  disturb  their  proceedings,  they 
may,  by  an  order  in  writing,  signed  by  their  chairman, 
and  attested  by  their  clerk,  commit  the  person  so  offend- 
ing to  the  common  jail  of  the  county  for  a  period  of  not 
exceeding  thirty  days,  and  such  order  shall  be  execute^ 
by  any  sheriff  or  constable  to  whom  the  same  shall  be  * 
delivered,  or,  if  a  sheriff  or  constable  shall  not  be  present, 
or  shall  refuse  to  act,  by  any  other  person  who  shall  be 
deputed  by  such  township  or  precinct  board  of  election, 
or  board  of  county  canvassers,  or  board  of  State  canvass- 
ers, in  writing,  and  the  keeper  of  such  jail  shall  receive 
the  person  so  committed,  and  safely  keep  him  for  such 
time  as  shall  be  mentioned  in  the  commitment. 

Sec.  2736.  Whenever  any  vacancies  shall  exist  by  reason  official  vacancies, 
of  death,  resignation  or  otherwise,  in  any  of  the  following  187^7,  c.  275,3.65. 
offices,  to-wit,  Secretary  of  State,  Auditor,  Treasurer,  Super- 
intendent of  Public  Instruction,  Attorney  General,  Solici- 
tor, Justices  of  the  Supreme  Court,  and  Judges  of  the 
Superior  Court,  the  same  shall  be  filled  by  elections,  to  be 
held  in  the  manner  and  places,  and  under  the  same  regu- 
lations and  rules,  as  prescribed  for  general  elections,  at  the 
next  regular  election  for  members  of  the  General  Assem- 
bly which  shall  occur  more  than  thirty  days  after  such 
vacancy,  except  as  otherwise  provided  for  in  the  Consti- 
tution. 

Sec.  2737.  When  a  vacancy  occurs  in  the  General  As-  how 


vacancies  in 
the  General  As- 


sembly by  death,  resignation  or  otherwise,  it  shall  be  the  sembiy  to  be  fined. 

duty  of  the  sheriff  of  the  county  in  which  the  late  member  1876W,  c.Vs,  s.  42 

resided,  provided  the  General  Assembly  shall  not  be  in 

session,  to  notify  the  Governor  of  such  vacancy,  and  in 

case  the  General  Assembly  shall  be  in  session  when  such 

vacancy  occurs,  it  shall  be  the  duty  of  the  presiding  officer 

of  the  House  in  which  the  vacancy  occurs,  to  notify  the 

Governor  of  the  same,  who  shall  thereupon  issue  a  writ  of 

election  to  the  sheriff  or  sheriffs  of  the  district  or  county 

represented  by  the  late  member,  said  election  to  be  held 


30 


Elections  ordered 
by  the  Governor 
shall  be  con- 
ducted as  other 
elections. 
R.  C,  c.  52,  s.  17. 
1777,  c.  116,  s.  8. 
1 876-' 7,  c.  275,  s.  4| 


Qualifications  of 
voters  in  munici- 
pal elections. 
1876-' 7,  c.  275,  s.  66. 


Intoxicating 

liquors  not  to  be 

given  away  or 

sold  on  day  of 

election. 

1868,  c.  28,  ss.  1,  2 


On  what  day  elec- 
tions shall  be 
held. 

1876-' 7,  c.  275,  s.  77. 


at  such  time  as  the  Governor  may  designate,  and  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  2738.  Every  election  held  in  ^pursuance  of  a  writ 
from  the  Governor,  shall  be  conducted  in  like  manner  as 
the  regular  biennial  elections,  so  far  as  the  particular  case 
^an  be  governed  by  the  general  rules,  and  shall,  to  all 
Intents  and  purposes,  be  as  legal  and  valid,  and  subject 
the  officers  holding  and  persons  elected,  to  the  same  pen- 
alties and  liabilities  as  if  the  same  had  been  held  at  the 
time,  and  according  to  the  rules  and  regulations  prescribed 
for  the  regular  biennial  elections. 

Sec.  2739.  All  qualified  electors  who  shall  have  resided 
for  ninety  days  immediately  preceding  an  election  within 
the  limits  of  any  ward  of  a  city  or  town,  and  not  other- 
wise, shall  have  the  right  to  vote  in  such  ward  for  mayor 
and  other  city  or  town  officers. 

Sec.  2740.  Any  person  who  shall  give  away  or  sell  any 
intoxicating  liquors,  except  for  medical  purposes  and  upon 
the  prescription  of  a  practicing  physician,  at  any  place 
within  five  miles  of  the  polling  place,  at  any  time  within 
twelve  hours  next  preceding  or  succeeding  any  public 
election,  whether  general,  local  or  municipal,  or  during 
the  holding  thereof,  shall  be  guilty  of  a  misdemeanor, 
and  fined  not  less  than  one  hundred  nor  more  than  one 
thousand  dollars. 

Sec.  2741.  Unless  otherwise  provided  by  law,  all  gen- 
eral elections  shall  be  held  on  the  Tuesday  next  after  the 
first  Monday  in  November  of  the  year  in  which  there  shall 
be  an  election. 


ELECTORS  OF  PRESIDENT  AND  VICE-PRESI- 
DENT OF  THE  UNITED  STATES. 


when  election  to        Sec.  2742.  On  the  Tuesday  next  after  the  first  Monday 

i876-'7,  c.  275,  s.  67.  in  the  month  of  November,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  eighty-four,  and  every  four 

years  thereafter,  or  on  such  days  as  the  Congress  of  the 


31 

United  States  shall  have  directed,  a  poll  shall  be  opened 
in  each  of  the  precincts  of  the  State  for  the  election  of 
Electors  of  President  and  Vice-President  of  the  United 
States,  the  number  of  whom  is  to  be  equal  to  the  number 
Qf  Senators  and  Representatives  in  Congress  to  which  this 
State  may  be  entitled,  and  the  persons  so  chosen  shall  b& 
Electors  for  the  State  as  aforesaid. 

Sec.  2743.  The  names  of  the  Electors  to  be  chosen  shall  Names  of  electors 

.    _      _•_  -in    to  be  on  each  bal- 

be  written  or  printed  on  each  ballot,  and  each  ballot  shall  lot;  how  electors 

1  '  allotted. 

contain  the  name  of  at  least  one  inhabitant  of  each  Con-  ^68,  c.  45,  s.  3. 

i876-'7,  c.  275,  s.  68. 

gressional  district  into  which  the  State  may  be  divided, 
and  against  the  name  of  each  person  shall  be  designated 
the  number  of  the  Congressional  district  to  which  he 
belongs. 

Sec.  2744.  The   election   shall  be   conducted,  and  the  Election  to  be  as 

in  case  of  State 

returns  made,  as  nearly  as  may  be,  as  directed  in  relation  °B*ers- 

'  J  J  ">  ^  !868,  c.  45,  s.  3. 

to  the  election  of  State  officers,  except  as  herein  otherwise  l87^-'7,  c.  275,  s.  69. 
expressed. 

Sec.  2745.  The  county  canvassers  shall   meet  in   the  Meeting  of  county 

,  ,  .  ,  canvassers,  their 

court-house  01  their  respective  counties  as  hereinbefore  duties;  sheriffs  to 

*■       .  send  certificate  of 

provided,  and  shall  ascertain  and  determine,  by  faithful  election  to  secre- 

1  '  '       J  tary  of  State. 

addition,  the  number  of  legal  votes  for  every  person  who  i876-'7,  c.  275,  s.  70. 
shall  have  been  voted  for  as  an  Elector  within  the  county, 
and  shall  certify  the  same  under  their  hands,  in  the  man- 
ner and  form  following,  to-wit : 

"We,  the  county  canvassers  for  _ county,  do  hereby  cer- 
tify that  an  election  was  held  on  the  day  and  at  the  places  fixed  by 
law  within  said  county,  for  Electors  of  President  and  Vice-President 
of  the  United  States,  and  that  the  number  of  votes  hereinafter  speci- 
fied, opposite  the  names  of  the  several  persons  following,  was  given 
for  such  persons  as  Electors  for  the  State  of  North  Carolina,  of  Presi- 
dent and  Vice-President  of  the  United  States,  namely,  D.  G.  F.  (here 
state  the  number  of  votes  for  D.  G.  F.)  For  J.  M.  L.  (here  state  the 
number  of  votes  for  J.  M.  L.,  and  so  until  the  list  of  persons  voted  for 
and  the  number  of  votes  shall  be  completed).  Given  under  our  hands, 
this day  of A.  D " 


32 


Secretary  of  State 
to  deliver  returns 
to  board  of  State 
canvassers;  duty 
of  the  board; 
organization  of 
the  electors. 
i876-'7,  c.  275,  s.  7* 


And  three  fair  copies  of  such  certificate  and  return  shall 
be  made  by  the  board  of  county  canvassers,  under  their 
hands,  and  one  of  the  same  shall  be  immediately  deliv- 
ered to  the  sheriff  of  the  county,  whose  duty  it  shall  be  to 
attend  at  the  meetings  of  said  canvassers,  and  who  shall 

tthwith  make  proclamation  and  read  the  same  through 
the  court-house  door;  and  the  said  sheriff  shall  imme- 
diately thereafter  seal  up  said  copy  in  an  envelope,  and 
transmit  the  same  by  mail  in  a  registered  letter,  or  other- 
wise, to  the  Secretary  of  State,  at  the  capitol  at  Raleigh, 
so  that  he  shall  receive  the  same  within  twelve  days  after 
the  day  of  said  election ;  and  one  of  said  copies,  together 
with  the  original  precinct  returns,  shall  be  delivered  to 
the  clerk  of  the  Superior  Court,  who  shall  record  the  said 
copy  in  the  "  Election  Book,"  and  file  the  originals  of  said 
copy  in  his  office.  And  one  copy  shall  be  delivered  to  the 
register  of  deeds  to  be  registered  in  his  office.  The  clerk 
of  the  Superior  Court  shall,  immediately  after  the  same 
shall  have  been  delivered  to  him,  send  a  copy  of  the  cer- 
tificate of  the  board  of  county  canvassers,  sealed  with  the 
seal  of  his  office,  to  the  Secretary  of  State  at  Raleigh,  so 
that  he  may  receive  the  same  within  twelve  days  after 
said  election.  And  in  case  of  failing  to  make  such  returns 
within  the  time  herein  prescribed,  such  sheriff,  clerk  or 
other  officer  whose  duty  it  shall  be  so  to  do,  shall  forfeit 
and  pay  to  the  State  the  sum  of  five  hundred  dollars,  to 
be  recovered  by  the  Attorney  General,  in  the  Superior 
Court  for  the  county  of  Wake. 

Sec.  2746.  The  Secretary  of  State,  within  three  days 
after  the  expiration  of  the  time  hereinbefore  provided  for 
the  delivery  to  him  of  said  certificates  and  returns,  shall 
deliver  the  same  to  the  board  of  State  canvassers,  whose 
duty  it  shall  be  to  then  attend,  in  the  presence  of  such 
other  persons  as  may  choose  to  be  present,  in  the  hall  of 
the  House  of  Representatives,  in  the  capitol,  open  the 
certificates  and  returns  and  proceed  to  canvass  the  same 
and  ascertain  and  determine  the  result :  Provided,  that  if 


33 


the  return  from  any  county  shall  not,  by  that  time,  have 
been  received  by  the  Secretary  of  State  from  the  sheriff 
or  clerk  of  the  Superior  Court,  then  the  board  of  State 
canvassers  shall  order  and  compel  a  duplicate  return  from 
the  clerk  of  the  Superior  Court,  or  register  of  deeds,  or 
both,  in  such  manner  as  they  may  think  best,  and  for  th& 
purpose  may  adjourn  from  day  to  day  not  to  exceed  ten 
days.  The  board  of  State  canvassers  in  canvassing  said 
returns  shall  merely  add  up  the  returns,  as  certified  by 
the  county  canvassers,  but  it  shall  be  their  duty  to  disre- 
gard any  such  apparent  clerical  error,  or  any  such  tech- 
nical informality  as  may  not  render  it  reasonably  uncer- 
tain who  was  the  person  intended  to  be  designated  as  voted 
for,  and  what  was  the  number  of  votes  actually  received 
by  any  candidate.  At  the  conclusion  of  the  canvass,  the 
board  shall  make  an  abstract  of  all  the  votes  cast,  and 
shall  deliver  the  same  to  the  Secretary  of  State,  together 
with  the  original  returns  from  the  several  counties,  to  be 
filed  in  his  office.  The  Secretary  of  State  shall  copy  said 
abstracts  in  the  "  Election  Book,"  directed  in  this  chapter 
to  be  kept  in  his  office,  and  shall,  under  his  hand  and  the 
seal  of  his  office,  certify  to  the  Governor  the  names  of  as 
many  persons  receiving  the  highest  number  of  votes  for 
Electors  of  President  and  Vice-President  as  the  State  may 
be  entitled  to  in  the  Electoral  College.  The  Governor 
shall  thereupon  immediately  issue  his  proclamation  and 
cause  the  same  to  be  published,  in  such  daily  newspapers 
as  may  be  published  in  the  city  of  Raleigh,  wherein  he 
shall  set  forth  the  names  of  the  persons  duly  elected  as 
Electors,  and  warn  each  of  them  to  attend  at  the  capitol 
in  the  city  of  Raleigh,  at  noon  on  the  Tuesday  preceding 
the  first  Wednesday  of  December  next  after  his  election, 
at  which  time  said  Electors  shall  meet,  and  in  case  of  the 
absence  or  ineligibility  of  any  Elector  chosen,  or  if  the 
proper  number  of  Electors  shall  for  any  cause  be  deficient, 
those  present  shall  forthwith  elect  from  the  citizens  of  the 
State  so  many  persons  as  will  supply  the  deficiency,  and 
3 


34 

the  persons  so  chosen  shall  be  Electors  to  vote  for  Presi- 
dent and  Vice-President  of  the  United  States.  And  the 
Governor  shall,  on  or  before  the  first  Wednesday  in  De- 
cember, make  out  three  lists  of  the  names  of  the  said  eleven 
persons  so  elected  and  appointed  Electors,  and  cause  the 
|ame  to  be  delivered  to  them,  as  directed  by  the  act  of 
Congress, 
college  of  uiec-.  Sec.  2747.  The  persons  elected  and  appointed  as  Elect- 

tors  to  proceed  in  *•  *  ^ 

con?titStiont0ande   ors  0I*  President  and  Vice-President  of  the  United  States 
hjwsof  the  united  shall  assembie  on  the  said  first  Wednesday  in  December 
i876-'7,  c.  275,  s.  72.  at  ^Q  capitol  in  the  city  of  Raleigh,  and  then  and  there 
give  their  votes  on  behalf  of  the  State  of  North  Carolina 
for  President  and  Vice-President  of  the  United  States,  and 
proceed  in  relation  thereto  in  all  things  conformably  to 
the  Constitution  of  the  United  States  and  the  act  of  Con- 
gress in  that  behalf, 
vacancies  in  offi-        Sec.  2748.  Whenever  the  offices  of  President  and  Vice- 

ces  of  President 

d?nt7Go"vPerenorto  President  of  the  United  States  shall  both  become  vacant, 
eStiolffo^Kiec-  the  Governor,  upon  receiving  a  notification  of  such  vacancy 
1876^7,  c.  275,  s.  73.  from  the  Secretary  of  State  of  the  United  States,  shall 
forthwith  issue  his  proclamation  directing  the  sheriffs  of 
the  several  counties,  or  other  proper  officers,  to  hold  elec- 
tions within  their  respective  counties  for  the  appointment 
of  Electors  of  President  and  Vice-President  of  the  United 
States  on  the  days  of  the  year  in  which  such  vacancy  may 
happen,  as  is  herein  prescribed  for  holding  the  regular 
and  stated  elections:  Promded,  that  there  shall  be  a  space 
of  two  months  between  the  date  of  such  notification  and 
the  said  first  Wednesday  of  December ;  but  if  there  should 
not  be  such  space,  the  Governor  shall  specify  in  his  procla- 
mation that  the  Electors  shall  be  elected  in  the  year  next 
ensuing  the  date  of  such  notification  on  the  day  aforesaid ; 
and  the  Electors  appointed  in  the  manner  by  this  section 
directed,  shall  meet  at  the  capitol,  in  the  city  of  Raleigh, 
and  proceed  as  hereinbefore  provided  for  Electors  of  Presi- 
dent and  Vice-President  chosen  at  a  regular  election  for 
the  same. 


35 
Sec.  2749.  Each  Elector  chosen,  with  his  own  consent  Electors  failing 

.to  attend;  officers 

previously  signified,  failing  to  attend  and  vote  for  a  Presi-  making  false 

sr  J        o  o  returns;  refusal  by 

dent  and  Vice-President  of  the  United  States,  at  the  time  S^krfS?8 
and  place  herein  directed  (except  in  case  of  sickness  or  ISScSmed0 
other  unavoidable  accident),  shall  forfeit  and  pay  to  the  tS?ns!  pe^itits. 
State  five  hundred  dollars,  to  be  recovered  by  the  Attorney  l876~'7' c" 275' s" 74' 
General  in  the  Superior  Court  of  Wake  County.  And  any 
person  making,  or  certifying,  or  delivering,  or  transmit- 
ting a  false  return  of  an  election  held  hereunder,  or  making 
any  erasure  or  alteration  in  the  poll-books,  shall  be  guilty 
of  an  infamous  crime,  and  imprisoned  not  less  than  one 
year,  and  shall,  in  addition,  forfeit  and  pay  five  hundred 
dollars,  one-half  to  the  use  of  the  person  who  will  sue  for 
the  same,  and  the  other  half  to  the  use  of  the  State.  Any 
officer  who  shall  refuse  to  permit  any  candidate,  or  person 
qualified  to  vote,  at  his  own  expense,  to  have  a  copy  of 
the  poll-books,  shalj  forfeit  and  pay  two  hundred  dollars, 
one-half  to  the  person  who  shall  sue  for  the  same,  and  the 
other  half  to  the  use  of  the  State.  Any  register  of  deeds 
or  clerk  of  the  Superior  Court  who  shall  refuse  to  make 
and  give  to  any  person  a  duly  certified  copy  of  the  returns 
of  an  election,  or  of  a  tabulated  statement  of  an  election 
hereinbefore  directed  to  be  deposited  in  his  office,  upon 
the  tender  of  the  fees  therefor,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction,  ousted  of  his  office,  and 
imprisoned  for  one  year. 

Sec.  2750.  The  Electors  shall  be  allowed,  for  their  trav-  compensation 

and  privileges  of 

eling  expenses  to  and  from  the  city  of  Raleigh,  and  their  Electors. 

°         r  p  J  &  1 876-'7,  c.  275,  s.  75. 

attendance,  the  same  compensation  as  may  be  allowed 
members  of  the  General  Assembly,  and  shall  be  entitled 
to  the  same  privileges. 


